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Justinian I · The Digest of Justinian §22.4.3.pr

Guarantees with Repeated Dates and Absence of Forgery

Passage 3250 of 9271 · Latin

Summary

The author replies that although a guarantee should not have been executed with a repeated date, the crime of forgery is not committed among consenting parties, as the transaction was mutual and the debtor was more at fault.

[IDEM libro tertio responsorum. ] §22.4.3.prRespondit repetita quidem die cautionem interponi non debuisse, sed falsi crimen quantum ad eos, qui in hoc consenserunt, contractum non uideri, cum inter praesentes et conuenientes res actitata sit magisque debitor quam creditor deliquerit.
[THE SAME from the third book of Responses.] He replied that, indeed, a guarantee ought not to have been executed with a repeated date, but that, as far as concerns those who consented to this, the crime of forgery does not seem to have been committed, since the transaction was carried out between parties present and agreeing, and the debtor rather than the creditor was at fault.

Notes

  1. §22.4.3.prrepetita quidem die — Ablative of instrument or circumstance. The phrase `repetere diem` refers to repeating or retroacting a payment date (dies) that was already agreed upon or had already passed, inside the guarantee (cautio).
  2. §22.4.3.prcontractum non uideri — Part of the accusative with infinitive (A.C.I.) construction depending on the main verb `respondit`, with `crimen` as the subject accusative. While `contrahere` usually means 'to contract (a business/agreement)', here `crimen contrahere` means 'to commit/incur a crime'. `contractum [esse]` is the passive perfect infinitive acting as the complement of `uideri` ('to seem/be deemed').

Cite this passage

Justinian I, The Digest of Justinian §22.4.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.4.3.pr

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